Mitchell v. Hyde

Cowles, Justice.

The first question to be disposed of is the , objection raised by the defendants, that the complaint contains no sufficient averment that the plaintiff is the owner of the notes mentioned therein.

The complaint alleges that the notes were payable to the order of J. Burrows Hyde, subsequently endorsed by him in blank, and transferred to the plaintiff.

This, I think, is a sufficient averment of the plaintiff’s ownership, or title to the notes.

An endorsement in blank makes the note payable to the holder, (James agt. Chalmers, 1 Duer, 52,) and, with the allegation that the notes…